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Thursday, October 20, 2016

On Burundi, Shingiro Tells PBC About World Bank But Not ICC, Is Volunteer Corps A Militia?

By Matthew Russell Lee

UNITES NATIONS, October 19 -- Amid warnings in Burundi of the risk of genocide, when UN Secretary General Ban Ki-moon on September 24 met with the country's foreign minister Alain Aime Nyamitwe, Inner City Press went to cover it as closely as possible.

In the meeting, Burundi's Albert Shingiro spoke at some length, including about the World Bank -- but did not explain the withdrawal from the International Criminal Court. Belgium's new Permanent Representative asked about the new “volunteer” corps: is it really just a militia?

The EU's new Deputy, Joanne Adamson of the pre-Brexit UK, cited Article 96 of the EU-ACP Cotonou agreement. (As she spoke, new ASG for Human Rights Andrew Gilmour of the UK listened and nodded; as we've said, without rancor we continue to ask how this ASG post was given out, without notice to member states or the D-2s in Geneva).

Morocco's representative, after offering apologies for his PR Hilale for being at the airport, praised the Burundian government's cooperation. Egypt suggested that the Peacebuilding Configuration participate in Security Council consultations: a good idea. The Chair, Switzerland, is proposing a retreat in Geneva with the international financial institutions. We hope to cover that as well. Watch this site.

On October 13, after the UN Security Council had a closed door meeting about Burundi and Inner City Press just outside the Council asked about leaving the ICC and the Mkapa or Museveni process, a draft Security Council press statement was proposed and put “under silence” until 10 am on October 14.

But, Inner City Press has exclusively just learned, major changes were proposed - and accepted by the drafter and pen holder, France. France's approach to Burundi can be contrasted to the position(s) it took on its recent Syria draft. We have put the marked up draft online, here. We'll have more on this.

Security Council Press Statement on the implementation of resolution 2303

On 13 October the members of the Security Council were briefed by Special Adviser to the Secretary-General on conflict prevention, including in Burundi, Jamal Benomar, on the status of the implementation of resolution 2303 (2016).

The members of the Security Council expressed their deep concern over the political situation and the lack of progress in implementing resolution 2303 (2016). They took note of the African Union Peace and Security Council communiqué of 6 October 2016. They reiterated their demand that all sides in Burundi refrain from any action that would threaten peace and stability in the country or undermine the EAC-led inter-Burundian dialogue. In that regard, they stressed the utmost importance of respecting the Constitution as well as the letter and spirit of the Arusha Agreement, which has helped to sustain a decade of peace in Burundi.

The members of the Security Council requested the Secretary-General to dispatch his Special Adviser to coordinate with the Government of Burundi on the modalities for the implementation of resolution 2303 (2016), in particular with regard to paragraphs 8, 13 and 14 as per UN practice. They expressed their full support to the Special Adviser in this regard.

The members of the Security Council called on the Government of Burundi to advance its cooperation with the Special Advisor to develop, in a consensual manner, a plan and timeline for the implementation of the resolution, and to continue to cooperate closely with the United Nations team under the responsibility of the Special Adviser with a view to reaching a peaceful resolution of the crisis, consistent with its resolutions 2248 (2015), 2279 and 2303(2016). They further expressed their support for the efforts of the Secretary-General and his Special Adviser on conflict prevention, including in Burundi, in that regard.

The members of the Security Council called on States in the region to contribute to a peaceful solution to the crisis in Burundi, and recalled commitments of the States of the region under the Framework agreement for Peace, Security and Cooperation for the DRC and the Region.

The members of the Security Council reaffirmed their strong commitment to the sovereignty, political independence, territorial integrity and unity of Burundi.

The members of the Security Council expressed their concern about the humanitarian and human rights situation in the country and called on the Secretary-General to continue to sustain United Nations humanitarian assistance in support of the Burundian population. They regret the decision by Burundi to suspend all cooperation and collaboration with the Office of the UN High Commission for Human Rights (OHCHR), which has been providing technical assistance since 1995 to strengthen Burundi’s rule of law institutions, and hopes that a swift solution can be found through dialogue between OHCHR and the government that will enable OHCHR to resume its activities.

The members of the Security Council expressed their determination to continue to closely follow the situation in Burundi, including progress in the implementation of resolution 2303 (2016).

On October 12, Inner City Press asked Erastus Mwencha, Deputy Chairperson of the African Union Commission, if the AU vets those whom the Nkurunziza government sends to the AU Mission in Somalia, AMISOM. The answer was no -- although Mwencha did say that Burundi needs an inclusive dialogue.

On October 11, Inner City Press asked Ban Ki-moon's spokesman Stephane Dujarric about the reported plan to deploy Nkurunziza guard Ildephone Habarurema to the peacekeeping mission in Somalia, AMISOM, to which the UN provides support. Despite Ban Ki-moon's claims about human rights first and vetting, Dujarric said the UN has no role in vetting to whom it provides support. So does no one vet?

Inner City Press also asked Dujarric about Burundi's government's widely circulated letter breaking off contacts with the UN Office of the High Commissioner for Human Rights. Dujarric said he was not aware of the letter. Here it is.

Inner City Press: I’d asked you yesterday about Burundi doing a persona non grata statement about three UN officials. I’m wondering if you have some more formal, less generic response to it. And I also… they’ve now issued a letter today saying they suspend all cooperation with the Office of the High Commissioner of Human Rights.

Spokesman: I didn’t think my response was that generic. I haven’t seen the letter. I’ve not been aware of the letter. I know, currently, there are about 51 staff members for the Office of the High Commissioner for Human Rights in Burundi who are monitoring, reporting, protection officers. Obviously, we feel their work is critical in order to shine a light on the situation in the country, and we very much hope that they will be able to continue their work.

ICP Question: And I guess I… I’d wanted to… to… one, I’d just make it an ongoing request on the… the… the individual who is going to be deployed to Darfur. It was said, maybe in your absence, by Farhan [Haq] that it’s on hold and under review, just that if that changes…

Spokesman: Sure.

ICP Question: But I wanted to ask, there are a number of people in civil society and Burundi raising… there’s the… the… the chief of the security for the President, Idelfon Habaruama [phonetic], who they say is about to be deployed to AMISOM (African Union Mission in Somalia). And I think… you know, obviously, people have a right to due process, no question, but as the head of security of the President, he’s been listed as… by Radio Publique Africaine as a [inaudible]…

Spokesman: I think that’s a question you should reach out to the African Union.

ICP Question: But does the UN… just to nail the point down, given that the UN provides support, has this support office… does the Human Rights Due Diligence Policy enunciated by the Secretary-General apply to such a deployment?

On October 10, Inner City Press asked Ban Ki-moon's spokesman Stephane Dujarric about Burundi declaring “persona non grata” the UN experts Heyns, de Grief and Maya, Vine here. Following asking French foreign minister Jean Marc Ayrault with no response at all on October 8 (Vine here) about Burundi moving to quit the ICC, on October 10 Inner City Press asked France's Ambassador who said he hadn't heard of it but would be back. Vine here. We hope to have more on this.

On October 6, Inner City Press asked Ban Ki-moon's spokesman Farhan Haq about the next turn of the screw - dropping out of the International Criminal Court just as Prosecutor Fatou Bensouda begins looking at Burundi. From the UN transcript:

Inner City Press: about Burundi. There was a meeting of the Council of Ministers today, and they did a couple of things. They set up something called the National Volunteer Corps, which people think is going to be a parallel militia, but they also are moving to withdraw from the International Criminal Court (ICC) in the face of a preliminary inquiry by Fatou Bensouda. So I wanted to know, what does the UN think of these two moves, and what steps has DPKO (Department of Peacekeeping Operations) or Mr. [Jamal] Benomar taken in terms of the deployment of the police, and do you see this as a worsening situation?

Deputy Spokesman: Well, to start from the last bit about the deployment of the police: Of course, you've noted the rejection by the Government of Burundi of a police deployment, and following that rejection, the UN made a request to the Government of Burundi to carry out a technical assessment mission on implementation of the resolution. The Government also rejected this request. While the Security Council reviews its options, the Special Advisor, Jamal Benomar, and his team have been consulting with the Government to find a way forward. The Special Advisor will travel to the region ahead of reporting to the Council at the end of the month. In addition, the Security Council has requested the Secretariat to brief on 13 October. The next round of East African Community-led consultations on an inclusive dialogue in Burundi is expected to take place in November. So that's where we stand. And, like I said, Mr. Benomar will go ahead now with his travels and will then brief the Security Council.

ICP Question: On the ICC issue, you might say they've been a member, and now that there's an inquiry and there have been some communications by the ICC about the country, they're moving to withdraw from it. Do you see this as an attempt to get away with international crimes?

Deputy Spokesman: Well, I wouldn't speculate on what they may or may not do with regard to the ICC. What we have asked for is that all the countries who have ratified the Rome Statute continue to abide by the terms of the Rome Statute.

Now it seems that Ban Ki-moon's UN doesn't follow Burundi's statements in Geneva, that it will not cooperate with the new independent inquiry, just as Ban has done nothing to deploy the 228 police mandated by the UN Security Council. Inner City Press asked Ban's spokesman Stephane Dujarric on September 30; Dujarric still had nothing on if Nahimana is being deployed by the UN, Vine here.

Inner City Press: on Burundi, there's another deployment question. There's a guy called Cla… Claver Nahimana, who was widely described as being involved in the recent arrest and assassination of another military figure, Claude Mangera -[sic - it's Nyongera]. And he's being deployed… to the UN African Union mission in Darfur as a military observer. And it seems like these are pretty high-profile human rights cases in Bujumbura. Is there some kind of… I mean, I'm asking you here, and maybe you can ask them. Is there…

Spokesman: I'll find out. Obviously, I don't have those sort of granular details…

Inner City Press: on Burundi, in the past, I've had to ask a number of times, so I wanted to ask again about Mr. [Claver] Nahimana, this Burundian figure, have you checked with UNAMID (African Union-United Nations Hybrid Operation in Darfur) whether he's, in fact, as civil society in the country says, being deployed as an observer?

Deputy Spokesman: I've been told that any deployment of Mr. Nahimana is on hold while we evaluate his record.

We'll see - a similar claim was prematurely made regarding Mr. Mayuyu. This is Ban's UN- and it has to end.

On September 26 Inner City Press asked Ban Ki-moon's deputy spokesman Farhan Haq about the bilateral meeting, Vine here,UN transcript here:Inner City Press: this was a readout that was issued from the meeting of the Foreign Minister of Burundi on Saturday and I read it as closely as I could. I didn't see any reference to the deployment of the police. There's a reference to the UN and the humanitarian partners continuing to scale up their operations to support the populations. Was this… does this mean that the deployment of the police was discussed? And, if so, where does it stand, given that it's been mandated by the Council and DPKO (Department of Peacekeeping Operations) is supposed to be implementing that?

Deputy Spokesman: We do have a Security Council mandate, and we're in the process of trying to carry out that mandate. The readout says what it says, and I don't have anything to add to that.

ICP Question: Was… was Mr. Ladsous in on the meeting? I was up on the 27th floor, but it was… the way it's done there, you can't see who's in the meeting, but I think, since it's… since you can see on 38, it's not a secret. Was DPKO in on the meeting with Burundi?

Deputy Spokesman: I don't have anything to say about the attendance at the meeting. We've provided the readout.

UN Secretary General Ban Ki-moon's Spokesman Stephane Dujarric told Inner City Press on August 24 that Burundian Lt. Col. Alfred Mayuyu was deployed to the UN Peacekeeping Mission in the Central African Republic (MINUSCA) in July but is being repatriated to Burundi effective immediately. Vine I here.

This followed Dujarric's deputy Farhan Haq on August 5 telling Inner City Press that Mayuyu was not on “any roster” of MINUSCA, video here.

That was false - as was Dujarric's August 24 answer to Inner City Press, see below. Meanwhile the threat of genocide, according even to the UN, has continued to escalate.

On September 22, Inner City Press asked the UN about the report - even as the Ambassador to Burundi of Kenya (where Ban made his own son in law the head of the UN system), Ken Vitisia, denigrated the warnings of the UN experts. What kind of Ambassador is this? And what is the Ban Ki-moon connection? From the September 22 UN transcript:

Inner City Press: yesterday, the experts that were assigned by the Human Rights Council to look into Burundi came back with a very damning report that said: risk of genocide in the country. And so I'm wondering… I think I'd asked you this in writing, but has the Secretary-General or DPA [Department of Political Affairs] set up any meetings during this General Assembly on this country that the UN itself says stands at risk of genocide?

Spokesman: Yes, the Secretary-General will have a bilateral meeting with the Foreign Minister of Burundi either tomorrow or Saturday.

That's it?

On September 20 when Francois Hollande the president of France, which “holds the pen” on Burundi in the UN Security Council, came to hold a press conference, Inner City Press went early to ask him about it.

But before the press conference began, one of Hollande's Team not only declared rows of the UN Press Briefing Room “reserved” -- she also announced there would be only four questions, two international, which she pre-selected.

After this staged show, Inner City Press asked, Burundi? What will you do on Burundi, and cited the risk of genocide in the day's UN report. Foreign Minister Jean-Marc Ayrault turned and looked -- nothing. Beyond the Vine video, here.

Inner City Press went to formally tell UN Spokesman Dujarric, who has in the past lent out the UN press briefing room to France, and then to others, and got Inner City Press thrown out. Dujarric said curtly, “Thanks.” We'll have more on this.

"I know, Matthew, you had been asking about Lieutenant Colonel Alfred Mayuyu, and I can tell you that it is my understanding that he was repatriated from MINUSCA (United Nations Mission in the Central African Republic) this morning."

Inner City Press: In Burundi, yesterday, a former member of the army, ex-FAB named Claude Mangera [sic - it's Nyongera] was killed and the police of the Government have said that he committed suicide with a grenade, which people there are viewing with a lot of suspicion, given how did he get it in there? They basically think he was executed. So I wanted to know and I’ve asked you before, this team on the ground, this vaunted team on the ground, what are they doing as these killings continue? Do you have any update on DPKO (Department of Peacekeeping Operations) trying to get UN Police into the country under the resolution? And do you have any update at all on Mr. [Alfred] Mayuyu? I just want to check again since we’ve had…

Spokesman: Backwards, no, I don’t have an update on the individual you mentioned.

ICP Question: That means he’s still in the country?

Spokesman: I don’t have an update from what I last told you, so I would hope that, if he left the country, I would have been told. On your second part, obviously, we’ve seen the comments by the Government of Burundi not welcoming the deployment of UN police, to put it mildly. I think it is also up to the Security Council to ensure that its resolutions are respected. And on your first part, I have not seen those reports, but I’m happy to look into it.

While Ban Ki-moon's spokesman Dujarric told Inner City Press the UN hasn't seen the reports of largely political prisoners moved from Mpimba prison, now this report:

“On 5 September 2016 the penitentiary authorities transferred twenty (20) prisoners from Mpimba Central prison to several different prisons. Eleven (11) prisoners were transferred to Gitega, fourteen (14) were transferred from Gitega to Rumonge prison. The operation was conducted at night raising concern over the security of prisoners. The majority of the detainees concerned are mostly political activists, supporters of the opposition party, Movement for Solidarity and Development 'MSD.' These political activists were arrested in March 2014 following clashes with the police. Some of the prisoners are former military and police officers arrested on suspicion of supporting the opposition parties and rebel groups.”

As to Ken Vitisia, despite or related to the scandal of child trafficking from Burundi on which we've previously reported, Kenya's Ambassador recently tweeted of Burundi, “great country beautiful girls .need to visit to see.”

This was co-directed to a UN official. Something is very wrong here. We'll have more on this.

Chatterjee served in the Indian Peace Keeping Force in Sri Lanka, involved in the Jaffna Hospital Massacre. This is today's UN under Ban Ki-moon, and may explain UNconcern with Burundi - or with the truth, for example as regards Mayuyu. Watch this site.

On September 4, Inner City Press asked Dujarric again about Mayuyu and was told he would "effort" an answer on September 6. So Inner City Press asked: From the UN transcript:

Inner City Press: I want to ask about Burundi first... on Mr. Mayuyu, which I’d asked you in writing, I just want to nail this one down…

Spokesman: I’m waiting… Everybody wants to nail everything down. I’m waiting for some information on that case, which I have not yet received.

On September 7, with Dujarric not having sent Inner City Press any update, Inner City Press asked him again - and was told that Mayuyu is fact has NOT been repatriated, there are “discussions ongoing” with the Burundian government. From the UN Transcript:

Inner City Press: on this question of Burundian military figure Mr. Mayuyu that I'd asked you about that you… first you'd said it wasn't on any roster. Then it was said that he had been repatriated. Now some are saying he hasn't been…

Spokesman: No, I didn't… I didn't… I think… I didn't say he had been repatriated.

ICP Question: So what was the meaning of that?

Spokesman: I said we are repatriating him. The discussions are ongoing with the Government of Burundi. As soon as we have a date, I will let you know.

ICP Question: Has he joined the military observing…

Spokesman: I'm not aware of what his specific role is.

So the August 5 statement was mislead, and the August 24 statement of “immediate effect” became inaccurate, unless two weeks can be considered “immediate.”

On September 7 when Inner City Press was asking Dujarric about nepotism and Ban Ki-moon signing the letter to name his own son in law Siddharth Chatterjee to the top UN job in Kenya, Dujarric said “ridiculous accusation” and walked out. This is Ban Ki-moon's UN.Beyond the Vine video here.

Now on August 29, when Ban Ki-moon's report is due on getting access for the African Union observers, Inner City Press asked Ban's spokesman Stephane Dujarric (in writing since Dujarric canceled the noon briefing for the week)

“On Burundi, please deny or confirm that Ban's Secretariat has met with the Permanent Three members of the UNSC and, separately, provide a copy or link to the SG's report on Burundi due on August 28 (on deployment of AU observers, resolution at para 11).”

To this, Dujarric has replied: “No. Can not confirm.”

So where is the report? Inner City Press is told that, with no movement toward deploying any of the 228 police in the July 29 resolution, the Permanent Five members -- France, US and UK -- met with “the Secretariat.” We'll have more on this.

Back on August 24 Inner City Press asked Dujarric, if the August 5 answer was not intentional misrepresentation, what does it say about UN Peacekeeping's “vetting” under chief Herve Ladsous if they can't even find the name of a high profile human rights abuser. Vine II here.

This, Dujarric did not explain. Beyond the Vine here. He said not to “extrapolate from this one incident” - ironic, in that he, USG Cristina Gallach and SG Ban used a simple event Inner City Press wanted to cover as a pretext to evict it. We'll have more on this Inner City Press will continue on this.

Inner City Press: I wanted to ask you about Burundi, the one about Mr. Mayuyu, which I've asked about…

Spokesman: I have an answer for you.

ICP Question: You do? Good. Also, there's been a report also in Radio Publique Africaine about mass graves. The group APRODH, run by Mr. Mbonimpa, said they found mass graves, including of people who dug the graves buried to eliminate witnesses. So, I wanted to, I guess, get that one in the hopper. But, on Mr. Mayuyu…

Spokesman: I can confirm from our colleagues in peacekeeping that Lieutenant Colonel Alfred Mayuyu from Burundi, who was deployed to UN peacekeeping mission in Central African Republic as a military observer in July this year is to be repatriated with immediate effect. The Permanent Mission of Burundi has been notified of the Secretariat's decision.

ICP Question: This is not to be mean-spirited, but, on 5 August, standing where you are, Farhan said, Mayuyu is not on any roster. And so, I'm left wondering… I don't believe necessarily that there's any kind of misrepresentation, but how can the mission not know who's…?

Spokesman: I can only give you the information I have… I have now. I'm not sure if those were Farhan's exact words. I'm sure he was speaking with the information that he had at the time. The point is that we looked into the matter, and I can confirm that information to you this morning.

ICP Question: f the mission is not able to actually even run a name… run a name through its roster…?

Spokesman: I think you're extrapolating from this one incident.

Again, ironic, in that he, USG Cristina Gallach and SG Ban used a simple event Inner City Press wanted to cover as a pretext to evict it. We'll have more on this.But Inner City Press will continue on this. Watch this site.

Shouldn't the UN Spokesperson be expected to provide an explanation why his Office told the Press a controversial Burundian colonel was NOT with UN Peacekeeping when a respected radio station in Burundisays the colonel was repatriated? It would seem so. But it's not the case in today's UN.

On August 22, Inner City Press asked Secretary General Ban Ki-moon's lead spokesman Stephane Dujarric for just such an answer:

"I have asked your Office repeatedly about Burundian Lieutenant-colonel Alfred Mayuyu being deployed to MINUSCA in the Central African Republic despite his human rights record in Burundi, including in connection with Dec 12, 2015.

I was told, by Farhan Haq, that Mayuyu was not on any MINUSCA roster.Last week I heard Mayuyu was in fact being repatriated (with the flight paid for the UN, not Burundi) and aimed to ask at today's abruptly-ended briefing.Now the below has been published by Radio Publique Africaine, that Mayayu IS being repatriated.

Please immediately confirm or deny, and if confirm, please explain why I was told, after repeated questions, that Mayuyu was not on any roster."

With no email response, even just to confirm receipt, from Dujarric Inner City Press at the August 23 noon briefing asked again, UN transcript here:

Inner City Press: I wanted to ask you about this Burundian Lieutenant Colonel Mr. Mayuyu. I’d asked a couple of times here and was told he’s not on any roster, and now Radio Publique Africaine in Burundi has reported that he was deployed and has been repatriated. So what is the… what are the facts? And if he was there, why was it said from this podium that he wasn’t there?

Spokesman: I hope to have something on that a bit later today or tomorrow.

Inner City Press: How can the mission not be able to say? He’s a commanding officer…

Spokesman: As I said, I’m trying to harvest facts.

Since Dujarric has a history of rushing out of the briefing room with questions unanswered, Inner City Press began a Periscope video. Dujarric said, gesturing at Inner City Press' Periscoping phone, “You know it’s also live on the web.”

Inner City Press: I understand. But I have to be ready…

Spokesman: Of course.

Inner City Press: to…[inaudible]

Spokesman: And I want people to see that I am the lazy Spokesman that you say I am.

Inner City Press: All right. I did email about Mayuyu…

Spokesman: I’m lazy. That’s what I can tell you.

The reference was to a hashtag, #LazySpox a/k/a (in French) #DroleDePorteParole. And eight hours later and counting, still no answer of any kind.

On July 29 the UN Security Council adopted a resolution to send up to 228 UN Police to Burundi, with four abstentions: China, Egypt, Venezuela and Egypt. Surprisingly, Russia voted yes.